Senior Center Decision to be appealed
When the City of Grand
Terrace and The Corporation for Better Housing (CBH) began planning construction of our new senior center, a "negative declaration" was entered. This basically means that the city and the CBH feel that the proposed project will not significantly affect the environment in a negative way.
A local Grand Terrace citizens group (Citizens for Responsible and Open Government), who opposes the construction of the senior on the current site on Grand Terrace Road, hired Attorney Raymond Johnson and filed suit against the CBH and the City of Grand Terrace.
On June 27, 2006, San Bernardino Superior Court Judge John Wade ruled in favor of the Citizens for Responsible and Open Government, when he ordered that the approval for the senior center project be vacated, and that a CEQA EIR (environmental impact report) be prepared prior to continuation of the project.
A review of court records now shows that no EIR has been filed with the court, and that this ruling is being appealed to the District Court of Appeals. On 11/8/06, a
notice to prepare transcripts to be forwarded to the District Court of Appeals was filed.
........ is in favor of this appeal and wholeheartedly supports it. A message has to be sent that these types of lawsuits will no longer bear fruit. A quick read-through of the court records and minutes shows how much time, money and court/city resources are being wasted on these types of issues. These are things that should be dealt with outside of a courtroom. This citizen's group doesn't want this project to proceed at it's current location, and will find any excuse to stop it from proceeding.The excuse this time is that a study of air conditioner noise was not conducted. I have been witness to several discussions by members of this group regarding the senior center, and have never...NEVER heard the word ENVIRONMENT come up once..NOT EVEN ONCE!
Their issue with the center is that some low income seniors might come into town. Section 8 housing is the main topic of every conversation that comes up about the senior center. This elitist attitude is exactly what the city government is accused of by this group. Terracetruth welcomes low income seniors to Grand Terrace.
Many of us have parents or grandparents that have been or are low income, and
are glad that Grand Terrace is in a position to possibly lend a hand. Terracetruth knows exactly which side of the dias the wannabe elitists are working from in Grand Terrace.
So, in closing; rock on with your appeal and best of luck to you. You have majority
support.
Brian Reinarz
Reply From Gramps:
When the “negative declaration” was entered on the EIR submitted by CBH, it was done so prior to Citizen input, and raising concerns. The EIR was not available for Public Review in such a way the public could make an impact on its approval.
Citizens have the opportunity to raise their concerns amongst them being Environmental Impact of Noise, and Population Density, and Traffic Concerns. These concerns were brought up during the hearings at the Planning Commission Meeting. The Planning Commission felt they did not rise to the level that would justify their denial of the application.
The next step in the approval process was a hearing before the City Council. An appeal was made by neighbors of the project and citizens throughout the city for a review of the design, and location of the intended project. Amongst the concerns were, Noise, Traffic, and Housing Density. These are Environmental Issues.
The City Council approved the application and contracts with CBH in this RDA DEBT FUNDED PROJECT.
Citizens who felt their concerns were not mitigated, or responded to do file suit. A part of the process and their full right to do.
A Judge Found that the EIR was not sufficient and provided detail where revisions would be required.
The City and CBH have chosen not to make Revisions and Resubmit an EIR that would be satisfactory, they chose to appeal the case.
You don’t need to say the word Environment to be talking about Environmental Issues. Brian’s representations are significantly flawed. I will go to the records and search the use of words, noise, density, traffic as it relates to this Development plan.
Brian’s Suggestion that the people that brought the suit don’t want Senior Housing. This is a flawed inference. The suit is about the design, density, and location of the planned development. The suit is about the Environmental Impact the Development will have on HUMANS living in and around the Planned Development.
Why does City Manager says to the Council and Press, and Public, oh We just have to do a new EIR and that will cost between 40 and 60 thousand dollars. When he is bringing the case to an Appeals Court? IS it possible that the revised EIR cant get pass a Judge, the project is flawed to the extent it cant handle a simple revision, and filing an appeal is the only way that the City can stick to a flawed plan is to hope the Appeal will run out the resources of the folks who have raised the suit and objections to the project?
Is this where the 3 million provided to CBH has been spent? Where is the money?
When did the City Council Approve an Appeal?
Who did you ask while you determined that a Majority of People want this to be built as is? What question did you ask. Do you want senior housing and a new senior center. Of course that answer is YES. IF you asked do you want Senior Housing that is Very High Density, with Noisy Air conditioners and increased traffic on a narrow road next to the elementary school… The answer may be no not there.
Brian will say in response well they had their chance to say so at the Council Meeting. Yes there was a parade of seniors who had been told they would be on a reserved list for housing, and that they would be able to move in and have a priority as Grand Terrace Citizens. The CBH provided snacks, and other enducements for their participation in the they the Majority did. The Minority has the court to protect them from the Majority in this country.
Only occasionally is the Minority the victor in a case against City Hall, hence the phrase, “You can’t fight City Hall”.
The last election proved that the Majority in Grand Terrace doesn’t vote, doesn’t care, and one could assume is not informed about the details that are of concern of the minority raising the issues in court.
SO: I think the Citizens should be informed about the case, and reasons that a simple revision is not being done, and paying lawyers is easier than redoing an EIR if the PLAN is a GOOD PLAN. I think the Citizens should know where the 3.2 Million has been spent. I think the City Council and Citizens should have an opportunity to review, revisit this and if necessary stop the project as designed if that Design can’t have an EIR Judge Wade would approve.
https://cscda.cacommunities.org/reports/projects/?cn=San%20Bernardino
CSCDA Projects
Blue Mountain Senior Villas
Grand Terrace $10,500,000 2006 Housing Bond New Construction Senior 108 Low Income 120 Total Units.
Extracted from the Press Enterprise
Citizens case claims that the city did not adequately examine environmental impacts of Blue Mountain Senior Villas and failed to evaluate project alternatives.
The suit also says that many of the documents used to get the project approved were not available for public review or comment.
On Sept. 8 the Grand Terrace City Council approved Corporation for Better Housing's $18 million proposal to build 120 low- to moderate-income apartments, a 6,500-square-foot senior center and a 4-acre park on Grand Terrace Road. That would be 120 apartments and a Senior Center on 2 acres of land.
Note to Brian: POPULATION DENSITY is an ENVIRONEMTAL ISSUE.
The decision came after a month long debate during Planning Commission and City Council meetings. Opponents said the original proposal of a three-story building would block their views, and create noise and traffic.
Note to Brian: NOISE AND TRAFFIC are ENVIRONMENTAL ISSUES.
CBH REP Said: "The lawsuit is really just going to cost time. I think the lawyer didn't do his homework because his statements are erroneous." This person was reassigned to a different project. Apparently Judge Wade didn’t think so.
Note to Brian, These comments have been sent to grandterracenews@yahoo.com
His (Brian’s) lack of interest in facts and a clear interest in pleasing authorities in power has been noted, neither are conducive to advancing his position on the issues.
His first meeting of attendance was in regard to the Town Center. Brian was not in attendance at the meetings regarding the Blue Mountain Senior Villas, he did not hear the words because he was not there. Concerns came from people who live on Brentwood and Grand Terrace Road, and Vista Grande Way, and from citizens from “the other side” across Barton Road. One of the concerns not related to the EIR is that the General Plan places the Senior Housing Planned Element near down town where support services of shopping and care and public transportation is available.
Our seniors were promised apartments and a new senior center. It will be filled up with Section 8’ residents, most from out of town. The Senior Center will be a recreation center for them and the Grand Terrace Seniors combined. The no restroom facility park will be intended for use by only seniors who do not need a restroom to be handy, or those of us with good renal health. The seniors were told by Brian’s leash jerker that they will be put on a priority list. As we found out recently that is an “interest list”, not a Priority List. Brian needs to do research before he speaks. That is not to say Section 8 is bad. it is saying that the representation that GRAND TERRACE SENIORS will be a Priority IS a False Statement given to the Seniors and City Council when the Project was approved. THAT is the ISSUE about the Section 8 status. MOST who think they will have a place in the Blue Mt. Villas wont have space in the Villa, that is the point of bringing the income classification to the public.
Even those that are connected with City Hall are laughing at his level of ignorance.
The OAC lawsuit was ruled in favor of the Citizens, because Schwab was going to saddle the taxpayers with 18 million in traffic mitigation fees, that should have belonged to the developer.
Even when outside lawyers advise the City Council not to support a proposed development, they go forward with the folly of the City Manager.
Schwab is contesting the Fee’s of Mr. Johnson, which would have been much lower IF the city had taken the time and effort to resolve out of court the issues contained in the complaint rather than be unable to accept the clear fact that Mr. Schwab has been bringing flawed work product to the City Council for approval.
SO ROCK ON : Minority of GRAND TERRACE Citizens who try to be INFOMED even when the CITY HIDES INFORMATION.
Minority Actions have:
Integrated Schools and Housing.
Integrated the Military
Changed Voting Laws
Changed Marriage Laws
Much work is still needed in this society. Much of the change is raised to the level of awareness by what starts as a MINORITY of one sort or another.
OH heck it was the MINORITY that came to America in the MAYFLOWER Being in the MINORITY is being an AMERICAN.
Gramps Reply to Brain:
Brian:
What you should read and understand from my sending the email was that the comment and perhaps related action is out there. My informing you of it is a heads up for you. I posted a much toned down redacted version. Why, well because you do represent yourself in FBI hats, and as a Criminalist and with that title in your blog and so forth a reader presumes you have done research on a topic which should add to the credibility of your statements. However, it is clear your statements indicate to some you have not done the research prior to formulating an opinion.
For example the statement that you did not hear the word Environment... That is false, and not even cogent to the issue. EIR, is inclusive of Environment... the word, traffic, density, and so forth are Environmental Issues raised by citizens at both the Public Meeting at the Planning Commish, and City Council. So when you write as you do it suggests you do not base your writing on reality, or research.
Email Sent to Brain:
The Primary Issue is 120 units with up to 2 people each unit on 2 acres of land and a Senior Center on that same 2 acres of land is a zone change and density rate and traffic situation that was not addressed in the EIR and apparently can't be thus the appeal of Judge Wade's decision.
The Secondary Issue is the Lie that the Grand Terrace Seniors were told they would be on a Reserved List, then a Priority List and now it is called a list of "Interested Seniors", and they were assured they would qualify to live in the Apartments, when the Citizens supported going into debt for the project, they thought they would be the benefactors of the Debt. Now they are getting the clear picture of the project and finding out the hope of living in a nice apartment complex with less duties of a homeowner, or downsizing is not going to be available to them, as it is for Section 8 folks first, and there is no priority setting on that type of housing.
I know the seniors feel lied to. Not by GrandTerraceNews, or Gramps, but by Schwab/Berry/CBH.
It is not that Section 8 housing is a bad thing. It is not was was sold to the seniors, and to the GT Citizens. It is the "Deal" and how it went down and is going down that is a concern for some folks.
For the folks that live next to the project have not seen hide nor hair of revised air conditioner specifications or redesigning the building so that only 2 story buildings are along the back wall, both were conditions agreed to prior to council approval, but not included in any designs submitted in court, and one would assume would be included in the Revised EIR, if there was going to be a revised EIR. These are related to Noise and Density or Environmental Issues.
The way the zone changed from R3 which is (Horse size Lots) to SUPER HIGH Density did not follow the proper process, and could be challanged in State Court.
These are legitimate issues that the CBH and Schwab refuse to negotiate and resolve and do the paperwork on... It is not the persons making the complaint that is not willing to resolve the concerns, it is the CBH/Schwab team that is holding up resolution.
Final point. The State of California Housing Authority has not approved the expenditure of funds on this project and have rejected the spending of funds unless non senior housing is planned and approved in addition. That housing will have to have a value of about another 150 million of debt. This financial reality is not clear to members of the public or council, and is going to be a co-obligation of the city when and if the Blue Mt. Senior Villas are built.
If the costly law suit stops this crushing debt, like the OAC lawsuit stopped the citizens from a debt for roads I have to say I appreciate the detailed effort being applied on the BMSV topic.
It is not nor has it ever been the issue that Section 8 people are not welcome in GT... not by the opponents. No. as a matter of fact the Senior Housing, and High Density housing would be accepted along the Barton Road Corridor where Public Transportation, limited as it is would be available, to the residents who are most likely in need of Public Transportation, and close to stores and services. The General Plan had the development of the senior housing in front of "The Terrace", and it was rejected by the Housing Authority because of the lack of housing plan for other Low Income People.
The blogsters have repeatedly pointed this out, and have supported the development of affordable green housing that is SAFE for all those in our community who work at the minimum wage jobs in our stores, restaurants, and services, and day care providers.
I have taken a great deal of time to summarize this for you, I hope it is received with respect for the time spent. It is more than about Section 8. If that is all you are hearing, your missing what is being said in its totality. It is difficult to fit all of these things into a 3 minute presentation or comment in the Council Meeting.
If the City won't listen to the Citizens, Citizens have to hire a lawyer. We could argue about what came first the chicken or the egg. However, the party that refuses to accomodate change, or follow the directions of the court is the City. The City's Lawyers are getting paid a lot more than Johnson is, and that is a fact. They have a vested interest in playing the court game. Schwab's motive in dragging it out I don't know. CBH's motive is clear, the deal is a plumb for them. Their other buildings they have to pay much more for the land, and are required to provide more space, and lower density. A Valid and Acceptable EIR is that so hard for them to produce.... why? That is my question at this point.
Gramps
